I140 Portability Options

[vivekramv]

I applied for I140 with Company A in Feb 2007 and it was approved on Aug 2007 & I filed for I485 during Jun 2007 on EB3 category with Company A. I moved to Company B on Aug 2009. Company B now started to file for my GC on EB2 Category. Still Company A holds my I140 and it has not revoked it yet. Last week Company A called me and said it will be revoking my I140 bec it is getting RFEs for existing employees on their I140. Inorder to avoid that they want to cancel previous employees I140s. Since my previous EB3 priority Date is Dec 2006, I do not want to loose that in porting to Company B's I140 and take advantage of the fwd movement of the dates. Company B's attorney say if Company A cancels my I140, I cannot port the dates then. I am confused on what to do. Can anyone please advice me on what I should be doing? Right now I am in very early stage of GC process with Company B. They have applied for Prevailing Wage Approval and we are waiting on it.

Please help.

Thanks,

Vivek

[wabis]

If you think your new job is in similar classifications, you still can retain yr EB3 PD using AC21 even though A revokes/cancels 140 unless company A 140 is used for fraud or misrepresentation. Take a lawyers help you should be good then.